No Inspection Laws Explained
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No Inspection Displayed Citation
No inspection traffic tickets are issued every day across the State of Texas. However, what most don’t realize is how to successfully resolve a no inspection ticket in their favor. If you have received a traffic ticket in Farmers Branch, Texas and would like to discuss your case with a legal professional to get the best possible outcome, we welcome your call. As stated below, the laws that apply to inspection tickets are numerous. However, a good understanding of the laws will help you with achieve a successful outcome for your no inspection ticket in Texas.
Sec. 548.602. FAILURE TO DISPLAY INSPECTION CERTIFICATE. (a) After the fifth day after the date of expiration of the period designated for inspection, a person may not operate:
(1) a motor vehicle registered in this state unless a current and appropriate inspection certificate is displayed on the vehicle; or
(2) a commercial motor vehicle registered in this state unless it is equipped as required by federal motor carrier safety regulations and displays an inspection certificate issued under the program established under Section 548.201.
(b) A peace officer who exhibits a badge or other sign of authority may stop a vehicle not displaying an inspection certificate on the windshield and require the owner or operator to produce an inspection certificate for the vehicle.
(c) It is a defense to prosecution under Subsection (a)(1) that an inspection certificate for the vehicle is in effect at the time of the arrest.
As one can see, the basic premise of the law is that you have only 5 days to drive on an expired inspection sticker. If you go past this time, then you are subject to being pulled over and issued a traffic ticket for no inspection or expired inspection. However, this does not mean that you cannot get the traffic ticket dismissed. The law further states that a no inspection ticket can be dismissed if the following steps are taken.
Traffic Ticket Attorney
Sec. 548.605. DISMISSAL OF CHARGE; ADMINISTRATIVE FEE. (a) In this section, “working day” means any day other than a Saturday, a Sunday, or a holiday on which county offices are closed.
(b) The court shall:
(1) dismiss a charge of driving with an expired inspection certificate if:
(A) the defendant remedies the defect within 20 working days or before the defendant’s first court appearance date, whichever is later; AND
(B) the inspection certificate has not been expired for more than 60 days; AND
(2) assess an administrative fee not to exceed $20 when the charge of driving with an expired inspection certificate has been remedied.
(c) Notwithstanding Subsection (b)(1)(B), the court may dismiss a charge of driving with an expired inspection certificate that has been expired for more than 60 days.
This is where it helps to understand the difference between the word “shall” and the word “may.” Just because an inspection sticker has been out for more than 60 days does not mean you cannot get the case dismissed. The judge has the choice to dismiss the case or not after 60 days. So, you want to explain to the judge why the inspection was out for so long in the hope of persuading them to use the authority granted to them in section (c) of 548.605 of the Transportation Code.
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